3 Background Statistics (U. SBackground Statistics (U.S. Dept of State, Trafficking in Persons Report 2004, 2006)600, ,000 men, women and children trafficked across international borders each year80% women and girlsup to 50% are minorsmajority trafficked into commercial sexual exploitation14,500-17,500 trafficked into the United States per year

4 Background Statistics (ILO Global Alliance Against Forced Labour Report, 2005)2.5 million men, women and children arevictims of trafficking at any point in time

7 U.N. Trafficking Protocol, Article 3(a)Trafficking DefinedU.N. Trafficking Protocol, Article 3(a)“Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, or deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.

8 Key Elements of Trafficking(1) an action:recruitment, transportation, transfer, harboring or receipt of person(2) by means of:threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or position of vulnerability, giving or receiving of payments or benefits to achieve consent of a person having control over another(3) for the purpose of exploitation:e.g., the exploitation of the prostitution of others, or other forms of sexual exploitation, forced labor or services, slavery or slavery-like practices, servitude, removal of organs.

9 Trafficking vs. Migrant SmugglingCoercion required (any initial consent is nullified by coercive, deceptive, or abusive actions of traffickers)Involves ongoing exploitation of victims (post-arrival) to generate illicit profits for traffickersMovement can be international or intra-nationalAfforded victim status under international lawMigrant SmugglingMigrant consents to the smugglingEnds with migrants’ arrival at their destinationMovement is always transnationalNot afforded victim status under international law

10 Features of modern international migrationLabor migration is not simply from developing to developed countries – 60% of migrants live in developing countriesWomen workers constitute 50% or more of migrants in Asia and Latin America.Dramatic increase in migrant workers in recent years: 105 million (1985)  to 175 million (2000)Remittances from migrant workers approached $100 billion (in 2004)Revenue from remittances now rivals financial inflows from overseas development assistance and foreign direct investment

14 Development of International Law on TraffickingInternational Agreement for the Suppression of White Slave TrafficInternational Convention for Suppression of White Slave TrafficInternational Convention for the Suppression of Traffic in Women and Children1933 International Convention on the Suppression of Traffic in Women of Full Age1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of OthersConvention on the Elimination of All Forms of Discrimination against Women1989 Convention on the Rights of the ChildConvention Against Transnational Organized CrimeProtocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children

17 U.N. Trafficking ProtocolTo be interpreted and implemented:together with the Crime Convention (art. 1)without altering States’ obligations under international humanitarian or human rights laws (art. 14)Purposes of the Protocol (art. 2):to prevent and combat trafficking in persons, esp. women and childrento protect and assist victims of traffickingto promote cooperation among States Parties to meet above objectives

18 U.N. Trafficking ProtocolU.N. Trafficking Protocol, Article 3(a)“Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, or deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.

19 Criminalization of TraffickingStates Parties required to establish trafficking as a criminal offenseas well as attempt, participation as accomplice, and organizing or directing other persons to commit the offenseLimited to trafficking that istransnationalinvolves an organized criminal group

20 Criminalization of TraffickingAn offense is transnational if:committed in more than one Statecommitted in one State but substantial part of planning, preparation or control takes place in another Statecommitted in one State but involve organized criminal group engaged in criminal activity in multiple Statescommitted in one State but has substantial effects in another State

21 Criminalization of TraffickingOrganized criminal group:a structured group of 3 or more personsacting in concert with the aim of committing one or more serious crimes or offenses established by the Convention or its Protocolsin order to obtain financial or other material benefittherefore would not cover trafficking by one or two persons or trafficking conducted entirely within a country by nationals of that country

23 Protection of Trafficked PersonsStates are to consider or endeavor to:provide for the physical, psychological and social recovery of victims, includingappropriate housinglegal counseling and informationmedical, psychological, and material assistanceeducational and training opportunitiestake measures to protect witnesses (both victim and non-victim, and their relatives and others close to them) from retaliation and intimidationtake measures to permit victims to remain in the destination country, temporarily or permanently

24 Prevention of TraffickingStates parties shall:endeavor to undertake research, information and mass media campaigns and social and economic initiativestake measures to alleviate factors that make persons vulnerable to trafficking, e.g., poverty, underdevelopment and lack of equal opportunityadopt measures to discourage demand that fosters exploitation that leads to traffickingstrengthen border controlsensure integrity and security of travel/identity documents

25 International CooperationStates Parties shall:exchange information regarding undocumented border crossings, organized criminal groups’ means and methods of recruitment and transportationprovide or strengthen training for law enforcement, immigration and other relevant officials in methods used to prevent trafficking, prosecute traffickers, and protect trafficked personscooperate to verify legitimacy of travel or identity documents

26 Implementation of International Counter-Trafficking LawsCrime Convention and Trafficking Protocol entered into force at the end of 2003.Crime Convention Article 32 establishes an annual Conference of the Parties to the Convention to promote and review implementation of the Conventiongovernments are to report on the steps taken to implement the Convention and Trafficking ProtocolNGOs are permitted to observe the meetingsfirst meeting held in Vienna in 2004U.N. Office on Drugs and Crime provides technical assistance, programs to strengthen rule of law, policy researchU.N. Recommended Principles and Guidelines on Human Rights and Human Trafficking (2002) to promote integration of a human rights perspective into international, regional, and national counter-trafficking laws and policies.